Uncontested Divorce California

What Makes a Divorce "Uncontested"

An uncontested divorce means both spouses agree on every material issue — property division, debt allocation, spousal support, and (if applicable) child custody and support. Neither side is asking the court to decide anything for them.

This doesn't require a perfect relationship. It requires that you can negotiate a written agreement covering all the terms, sign it, and submit it to a judge without a hearing.

In California, an uncontested divorce can follow one of these procedural tracks:

• Joint Petition (FL-700): Both spouses file together as co-petitioners. New as of 2026 under SB 1427. No service of process required.
• Uncontested with Response: One spouse files the FL-100 petition, the other files the FL-120 response, and both sign a Marital Settlement Agreement.
• Default with Agreement: One spouse files, the other doesn't file a response but still signs the MSA. The petitioner requests a default (FL-165), and the agreed terms become the judgment.

All three reach the same outcome — a signed judgment without a trial. The differences are procedural.

The Step-by-Step Process

Step 1: Choose your path. If both spouses are cooperative from the start, the joint petition is the cleanest option — it eliminates service and starts the six-month waiting period immediately. If only one spouse wants to handle the paperwork, the default-with-agreement path saves the respondent's $435 filing fee.

Step 2: File your initial paperwork. For a joint petition, both spouses sign and file Form FL-700 and FL-710 together. For a traditional filing, the petitioner files FL-100 and FL-110 with the court clerk and pays $435.

Step 3: Complete service (traditional path only). The petitioner must have a third party (someone 18+ who isn't part of the case) serve the papers on the respondent. The server completes Form FL-115 (Proof of Service), which gets filed with the court.

Step 4: Exchange financial disclosures. The petitioner must serve preliminary financial disclosures within 60 days of filing the Petition; the respondent must serve them within 60 days of filing a Response, and joint petitioners must exchange them within 60 days of filing the Joint Petition. This requirement exists even in completely cooperative cases and cannot be waived. The package includes FL-140 (Declaration of Disclosure), FL-150 (Income and Expense Declaration with pay stubs and tax returns), and FL-142 (Schedule of Assets and Debts).

Step 5: Draft and sign your Marital Settlement Agreement. This written contract covers everything: who gets which assets, how debts are divided, whether spousal support is paid (and for how long), and the full custody and support arrangement for children. Both spouses sign it. On a default-with-agreement path, the non-filing spouse's signature must be notarized.

Step 6: Assemble and submit the judgment packet. The packet includes FL-130 (Appearance, Stipulations, and Waivers), FL-170 (Declaration for Default or Uncontested Dissolution), FL-180 (Judgment) with the MSA attached, and FL-190 (Notice of Entry of Judgment). Most couples also include FL-144 (Stipulation and Waiver of Final Declaration of Disclosure) to skip a second round of disclosures. Submit five copies of the FL-180 plus two stamped return envelopes.

Step 7: Wait for the judge's signature. A judge reviews the packet. If everything is complete and consistent, they sign the judgment. The marriage terminates six months and one day from the date of service (traditional) or filing (joint petition).

What It Costs

The bare minimum for an uncontested divorce in California:

These are base statewide fees. A handful of counties — Riverside, San Bernardino, and San Francisco — add surcharges that push the fee up to $450 per filing.

If either spouse qualifies for a fee waiver (receiving Medi-Cal, CalWORKs, SSI, or earning below 125% of the Federal Poverty Guidelines), the court waives that spouse's qualifying fees. In a joint petition, the other spouse's portion remains due.

Beyond court fees, the only other costs are optional: a process server ($50–150 if you don't have a friend or relative who can serve), certified copies of the judgment ($15 per certification plus $0.50 per page), and any professional help you engage.

Common Mistakes That Stall Uncontested Cases

Mismatched petition and judgment. If the petition checks a box requesting spousal support but the judgment waives it (or vice versa), the clerk will reject the packet. The judgment must be consistent with the original petition's requests.

Missing FL-141 filings. Both spouses must file their own proof of service form for financial disclosures. Forgetting one is a common reason for rejection.

Forgetting notarization on default paths. When the respondent didn't file a formal response, their MSA signature must be notarized. Without it, the clerk kicks back the entire judgment packet.

Incomplete FL-150 attachments. The Income and Expense Declaration requires actual pay stubs (last two months) and tax returns (last two years). A bare form without attachments doesn't pass review.

The California Divorce Filing Process Guide includes pre-submission checklists built around the court's own FL-182 judgment audit standards — designed to catch these issues before you submit.

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